Family and Medical Leave Act of 1993
(…) The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accumulated for up to a total of 12 workweeks in any 12 months because of the birth of a child and to care for the newborn child, because of the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition, or because the employee's own serious health condition makes the employee unable to perform the functions of his or her job.In certain cases, these leave may be taken on an irregular basis rather than all at once, or the employee may work a part-time schedule.
An employee on FMLA leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave.If an employee were paying all or part of the premium payments prior to leave, the employee would continue to pay his or her share during the leave period.The employer may recover its share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee's immediate family member, or another reason beyond the employee's control.
An employee generally has the right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave.The taking of FMLA leave cannot result in the loss of any benefits that were accumulated prior to the start of the leave.The employer has a right to a 30 days advanced notice from the employee where possible.In addition, the employer may require an employee to submit certification from a health care provider to substantiate that the leave is due to the se…

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